New Hampshire Revised Statutes 358-E:4 – Disclosure Statement
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A grantor shall provide to each prospective distributor a disclosure statement which contains the documents and information required to be filed with the attorney general at least 7 days prior to entering into any distributorship contract or agreement with such prospective distributor, or at least 7 days prior to the receipt by the grantor of any consideration from the prospective distributor, whichever occurs first.
Any distributorship contract or agreement shall state in immediate proximity to the space reserved for the distributor’s signature, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
“THE NEW HAMPSHIRE DISTRIBUTORSHIP DISCLOSURE ACT MAKES IT UNLAWFUL TO SELL ANY DISTRIBUTORSHIP IN THIS STATE WHICH IS SUBJECT TO THAT ACT WITHOUT FIRST PROVIDING TO THE PROSPECTIVE DISTRIBUTOR AT LEAST 7 DAYS PRIOR TO THE EXECUTION BY SUCH DISTRIBUTOR OF ANY BINDING DISTRIBUTORSHIP AGREEMENT, OR AT LEAST 7 DAYS PRIOR TO THE PAYMENT OF ANY CONSIDERATION, WHICHEVER OCCURS FIRST, A COPY OF THIS DISCLOSURE STATEMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE DISTRIBUTORSHIP. IF THESE DOCUMENTS HAVE NOT BEEN PRESENTED TO YOU IN ACCORDANCE WITH THESE REQUIREMENTS, YOU MAY VOID THE AGREEMENT WITHIN 90 DAYS BY SENDING NOTICE OF YOUR INTENTION TO THE GRANTOR BY UNITED STATES MAIL, RETURN RECEIPT REQUESTED. UPON RECEIPT OF THE NOTICE, THE GRANTOR MUST REFUND ALL MONIES YOU HAVE PAID FOR THE DISTRIBUTORSHIP PLUS INTEREST. THE DISCLOSURE STATEMENT CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE DISTRIBUTORSHIP AGREEMENT. THE AGREEMENT SHOULD BE CAREFULLY READ FOR AN UNDERSTANDING OF ALL RIGHTS AND OBLIGATIONS OF BOTH GRANTOR AND DISTRIBUTOR.”
Any distributorship contract or agreement shall state in immediate proximity to the space reserved for the distributor’s signature, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
Terms Used In New Hampshire Revised Statutes 358-E:4
- Contract: A legal written agreement that becomes binding when signed.
- Distributor: means a person to whom a distributorship is granted. See New Hampshire Revised Statutes 358-E:1
- Distributorship: means a contract or agreement, either express or implied, whether oral or written, by which the grantor, in exchange for the payment of a distributorship fee:
(a) Grants the distributor the right to:
(1) Offer, sell or distribute goods manufactured or supplied by the grantor through vending machines, racks, display cases, or other similar devices; or
(2) Purchase from the grantor or an affiliate of the grantor an inventory of products for sale or distribution in or on such vending machines, racks, display cases, or other similar devices; or
(3) Purchase or lease from the grantor or an affiliate of the grantor vending machines, racks, display cases, or other similar devices to be used for the sale or distribution of merchandise; and
(b) Represents that it will provide locations or assist the distributor in finding locations for the use or operation of such vending machines, racks, display cases, or other similar devices on property owned, leased or controlled by a third party. See New Hampshire Revised Statutes 358-E:1 - following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Grantor: The person who establishes a trust and places property into it.
- Grantor: is a person who grants a distributorship or any agent or representative thereof. See New Hampshire Revised Statutes 358-E:1
- Prospective distributor: means any person who approaches, or is approached by, a grantor for the purpose of investigating the prospect of establishing a distributorship between such person and such grantor. See New Hampshire Revised Statutes 358-E:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
“THE NEW HAMPSHIRE DISTRIBUTORSHIP DISCLOSURE ACT MAKES IT UNLAWFUL TO SELL ANY DISTRIBUTORSHIP IN THIS STATE WHICH IS SUBJECT TO THAT ACT WITHOUT FIRST PROVIDING TO THE PROSPECTIVE DISTRIBUTOR AT LEAST 7 DAYS PRIOR TO THE EXECUTION BY SUCH DISTRIBUTOR OF ANY BINDING DISTRIBUTORSHIP AGREEMENT, OR AT LEAST 7 DAYS PRIOR TO THE PAYMENT OF ANY CONSIDERATION, WHICHEVER OCCURS FIRST, A COPY OF THIS DISCLOSURE STATEMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE DISTRIBUTORSHIP. IF THESE DOCUMENTS HAVE NOT BEEN PRESENTED TO YOU IN ACCORDANCE WITH THESE REQUIREMENTS, YOU MAY VOID THE AGREEMENT WITHIN 90 DAYS BY SENDING NOTICE OF YOUR INTENTION TO THE GRANTOR BY UNITED STATES MAIL, RETURN RECEIPT REQUESTED. UPON RECEIPT OF THE NOTICE, THE GRANTOR MUST REFUND ALL MONIES YOU HAVE PAID FOR THE DISTRIBUTORSHIP PLUS INTEREST. THE DISCLOSURE STATEMENT CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE DISTRIBUTORSHIP AGREEMENT. THE AGREEMENT SHOULD BE CAREFULLY READ FOR AN UNDERSTANDING OF ALL RIGHTS AND OBLIGATIONS OF BOTH GRANTOR AND DISTRIBUTOR.”